By Oyinkansayo Wole-Bodunde.
Legal practitioners, judiciary members, and industry stakeholders gathered at a Town Hall Meeting in Lagos to discuss the Advertising Offences Tribunal (AOT) and its implications for the advertising industry.
The AOT is a judicial tribunal with exclusive original jurisdiction over all criminal advertising offences nationwide. It has extensive powers, including imposing fines, issuing search warrants, and imposing custodial sentences. Appeals from the AOT go directly to the Court of Appeal, bypassing lower courts.
Stakeholders emphasized the need for the AOT to balance consumer protection with creative freedom. Akinlolu Kehinde, a Senior Advocate of Nigeria, said that advertising is commercial speech that has never enjoyed absolute protection. Olalekan Fadolapo, Director-General of ARCON, highlighted Nigeria’s commitment to preventive advertising regulation and expressed concern over significant economic losses caused by foreign advertisement production.
Dr. Charles Odenigbo, Director-General of the Centre for Media Law and Development, clarified the jurisdictional distinction between the AOT and the Federal High Court. While the AOT has specific criminal jurisdiction over offences under the ARCON Act, the Federal High Court retains jurisdiction over civil matters arising from the Act’s operation.
Lanre Adisa, Chairman of the Heads of Advertising Sectoral Groups (HASG), acknowledged the challenge for practitioners to stay creative while operating within the bounds of the new legislation. He also highlighted the absence of an ARCON Council, which has been non-functional for 10 years, and stressed the need for greater dialogue and engagement to smooth out regulatory complexities.
Stakeholders agreed that the AOT represents a necessary step toward consumer protection. However, its success will depend heavily on ARCON’s commitment to public awareness and balancing its criminal enforcement mandate with the industry’s need for creative freedom.
